OPM Disability Retirement under FERS: The Race to Weekend

When younger, we vowed never to view it that way.  Every day was one to cherish, to tackle, to energetically pursue. “Living life to the fullest”; “Seize the day — if not the hour, the moment, the present existential moment”; “Whether Monday or Saturday, it matters not” — and other pablums of personified penchant for pacifying problems.

The reality is the race to weekend; for, with the stresses of modernity, it is the weekend which provides the relief needed from the stresses and concerns of the week.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the race to weekend means that the 2 days of truce — actually, more like a day and a half, for most of Saturday is spent on doing the chores neglected during the week — are for rest, respite and restoration.  “What a way to live”, we tell ourselves.

If your medical conditions do not even allow for restoration on weekends, it may be time to consider Federal Disability Retirement.

Contact an Federal Disability Lawyer who specializes in OPM Disability Retirement Law, and consider the options where the race to weekend is not the only — or primary — focus of your life.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement under FERS: Other Places, Other Times

People study history for various reasons: the interest of other times, the peculiarity of other places — and yet the similarity of people no matter what the historical context.  Other places, other times, reveal to us the pattern of behaviors engaged in across time, cultures, historical contexts and prevailing dogmas which dominated a particular society, civilization or epoch of noted influence.  It gives us a perspective and, often for the good, a sense of knowledge that other places, other times are not too dissimilar from the one we are currently experiencing.

Do we repetitively make the same mistakes as generations past?  Likely.  Are we wont to repeat them in the future?  Yes.  Do we ever learn from our mistakes?  Unlikely.  Human beings, for the most part, do what they want to do, and then scramble to gather the justifying reasons for having done them.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates preparing, formulating and filing for Federal Disability Retirement benefits under FERS, know that in other places and at other times, Federal and Postal employees have successful fought with the U.S. Office of Personnel Management and have won their Federal Disability Retirement benefits despite the unfair advantage which OPM holds over you.

Consult with a Federal Disability Retirement Lawyer and know that an experienced Federal Disability Retirement Lawyer has the experience that in many other places, at multiple other times, success has been achieved in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Refutation of Stefan Zweig’s Essay

FERS OPM Medical Retirement: Refutation of Stefan Zweig’s Essay, “Books are the Gateway to the World”.

Not quite a refutation, but merely a protest — and perhaps a defense of illiteracy.  Zweig writes beautifully; persuasively; in colorful prose that captivates; in convincing form — if not in logical argumentation, but more as a poet who is convinced that words, books, literacy and the spread of the written word is indispensable to life itself.

He ends with this poetic flourish: “The more intimately the man associates with books the more profoundly he experiences the unity of life, for his personality is multiplied; he sees not only with his own eyes but with the countless eyes of the soul, and by their sublime help he travels with loving sympathy through the whole world.”

Who can argue with that?  Who can so poetically refute and rebut a sentence of such insightful beauty?  Yet, it is not with the argument for books and literacy that is objectionable, but rather, the notion that the man with whom he met and befriended but who is later found to be illiterate — that this rampage of sorrow and defense of literacy is at the expense of this unfortunate man.

Consider how he describes such a person: “He is walled in by himself, because he knows nothing of books; his life is dull, troglodytic (Definition: a “member of any of various peoples (as in antiquity) who lived or were reputed to live chiefly in caves” — i.e., “cavemen” or “cavewomen”).  And: “I was shocked to think how narrow the world must seem to the man who has no books.”

True, Zweig may have felt pity for his new-found friend, whom he previously described as a person who possessed a “genius for mimicry and caricatured everybody”, and whom he found fascinating and of enjoyable company — until, it turns out, that he discovered his illiteracy.

The essay ends without a conclusion; perhaps he took the time (without writing about it) with the friend and taught him how to read.  More likely, they went their separate ways — the other fellow pitied for the remainder of Zweig’s days, the author convinced that he was an individual to be pitied.  But that is the criticism to be posited, isn’t it?  That we make judgments without judging ourselves, and unjustifiably when we have the power to do something about the ills we encounter.

For Federal and Postal employees who have encountered that very circumstance — of facing judgments by others while nothing is being done — of a Federal Agency or the Postal Service that has determined that you are not worth “saving” because of a medical condition that now prevents you from performing one or more of the essential elements of your Federal or Postal job; it is then time to consider filing for Federal Disability Retirement benefits under FERS.

Don’t wait around for help from your Agency or the Postal Service; it is likely that you will not receive it.  Instead, consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law.  For, in the end, the decision to take the next step to “help yourself” will be up to you, and you should not consider the Federal Agency or the Postal Service to help you as your “friend” — leaving aside whether they will even feel a scintilla of pity for you; they won’t.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from the Office of Personnel Management: Proteus

In Greek mythology, he is considered as a god of the oceans.  Homer refers to him as the “Old Man of the Sea” and is known for change, adaptation and alteration.  He can alter his shape and appearance, depending upon the circumstances surrounding.  Changing of forms, of course, becomes the essence of Plato’s philosophy, and Aristotle’s later search for that substratum which allows for continuity and stability.

Perhaps the malleability of Proteus is in response to the tumultuous nature of the oceans; one day beset with the calm of quiet tides, and in the next instance, rising and falling with fury by the storms of unpredictability.  To be able to change, adapt and become chameleon-like is to be able to withstand the vicissitudes of life’s misgivings.

That is what we have to do when a medical condition hits us, and impacts one’s career and circumstances — to be like Proteus and have the capacity to adapt and modify the pathways we have followed.  Stability is always a necessary prerequisite for success.  While wide spectrums of change may be called for in the early days of a “start-up” or initiation of a new project, at some point, a calming effect must come about in order for daily living to occur.

Similarly, while youth may allow for the exuberant embracing of daily excitement in change, middle age and beyond yearns for a greater serenity of redundancy.  When a medical condition suddenly and unexpectedly reminds us of our vulnerability and mortality, it is to stability that we cling and not for the inconstancy of the ocean’s fury.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prompts one to consider filing for Federal Disability Retirement benefits under FERS, it becomes necessity to act and think like Proteus — the “Old Man of the Sea” — and to consider a change of careers precisely because an incommensurability has arisen: No longer are the medical conditions compatible with the essential elements of one’s Federal or Postal job, and that is the proof that one must provide to the U.S. Office of Personnel Management in order to fight for, and win, a Federal Disability Retirement claim.

To find out more about the further particulars of winning the Protean battle against the U.S. Office of Personnel Management, it is best to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Distant lights dimming

How can distant lights dim when they are mere specks upon a blanketed panorama of darkness?

One looks up at the stars and we are told, of course, that the sparkling tapestry may contain those which are already vanished, and what we “see”are merely the residue of a dead or dying star.  In a universe based upon a visual-centered arena, the reliance upon sight to establish facts and verify truth-statements cannot be avoided.

That was Berkeley’s problem, as well — and one which he deftly avoided by re-defining the definition of existence by tying it inextricably with “perception”, including visual, auditory and tactile means.  Much later, and after a series of devastating criticisms launched at the entirety of empiricist tendencies that some would counter artificially manufactured unnecessary philosophical problems (but isn’t that the “fun” of philosophy — to always be left with more problems to solve than the day before?) which haunts us to this very day, Wittgenstein came along and waved aside such conundrums by relegating all such issues to mere problems of linguistic confusion.

Thus was reality divorced from the language we use to describe the phenomena that surrounds us, leaving science left standing as the Last Man and the primacy of philosophy relegated to the dusty shelves of Medieval Times.  Distant lights dimming?  No more a problem than the campfire dilemma — for, do we say that because we cannot precisely pinpoint the demarcation between light and darkness at the periphery of a glowing campfire, that therefore no campfire exists at all?  Of course not!

It is thus not the result of the physical objectivity of the world around us that confuses, but the inadequacy of language that confounds.  Yet, as Man must communicate by means of language and operate effectively within the objective world, so the development of various “language games” must by necessity evolve into greater heights of absurdity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts upon the reality of the “objective” world — entrance and introduction into the binary universe of language games and the greater world at large must also, by necessity, come together in the form of preparing, formulating and filing an effective OPM Disability Retirement application.

You have the medical condition; the medical condition is impacting your ability and capacity to continue in your present position as a Federal employee or U.S. Postal worker.  Such a medical condition may necessitate filing for Federal Disability Retirement — but understand that submitting a “paper presentation” to the U.S. Office of Personnel Management, whether you as the Federal or Postal employee under FERS, CSRS or CSRS Offset, requires an adequacy of language that must go beyond the reality of the medical condition itself.

And like the distant lights dimming, what actually “is” may be divorced from the language which must be carefully chosen and transcribed, lest such inadequacy fails to describe and delineate the reality of the medical condition from which you suffer.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Order & Madness

In its most basic sense, isn’t that what madness is — of a lack of order, or what society deems to be so?  Eccentricity skirts the boundaries of madness; being “odd” is merely a recognition of some forms of eccentricities; and “thinking outside of the box” is to simply do things that people have already thought of, but which we fool ourselves into thinking is something new and creative, because such thought processes are what every conventional thinker thinks is the oddball perspective when everyone else thinks that the other has not yet thought about it.

Orthodoxy is oppressive to youth and foreigners precisely because tradition itself is yet unknown, and thus cannot be the sole basis by which to continue things as they were.  Leo Strauss often argued that tradition alone is a poor basis from which to argue inalienable rights; something more needs to be provided in order for a foundation of justified longevity to occur.  Is rebellion in and of itself madness?  Is sudden upheaval — of a desire and want to upend long traditions and orthodoxy — itself a form of desire to solicit and court disorder, and thus madness?

One begins to experience the fringe of madness when too much disorder and chaos enters a previously-ordered life; that’s why old people and young children cannot tolerate too much upheaval; and those in the middle, though they may be better prepared to tolerate disruption, can only do so within limits.

We hear of certain types of people and of particular characteristics and personalities who “thrive” on disorientation — of uncertainty, disruption, financial instability or physical challenges.  They get a “high” on participating in “start-ups” or going deep into debt taking “a chance” on “hitting it big”; or even of wall street traders who, in a different life and under modified circumstances, may have been gamblers or con men (some would counter that there is very little distinction between the three).  Most, however, prefer the stability of predictability, and seek order not only out of madness, but to prevent it.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has become a continuing disruption by impeding, preventing and precluding the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it will often appear as if madness has replaced the order of the world.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a logical step in an attempt to court order out of madness; for, in the end, the medical condition is a type of madness in and of itself, is it not?  It has all of the characteristics of madness — of chaos, disorder, disruption, and the insanity of responses from one’s Federal Agency or the Postal Service, that you are no longer the valued employee you once were; and thus does filing for OPM Medical Retirement allow for order to come out of madness.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The mouse in the night

They are heard and often unseen; a scratch somewhere from the far corner of the room; a blur along the space between the couch and the wall; and the mouse in the night scurries along, making some amount of noise more greatly enhanced when the quietude of a late evening descends upon us.

Should we put out a mouse trap?  The problem with that is that the dogs might come down in the middle of the night, smell the cheese and get his nose trapped and yowl with pain, waking everyone up.  Or, hope that the mouse in the night minds his own business, scurries about without anyone noticing, and we can all pretend “as if” he doesn’t live in the same house as you do.

Like spiders, centipedes and other crawlers, the mouse in the night is there, has been, and perhaps always will be; we only try and rid the home of it when we hear it and it becomes bothersome.  That’s how we often treat medical conditions, kids who are nuisances, and neighbors who are irritants – we attend to them only when they reach beyond a level of tolerance or a spectrum of acceptability, and then it is often too late.

When does “not yet” and “too late”, or almost too late meet on the spectrum of provocation?  Does the mouse in the night become the provocateur merely because we hear him and imagine the slow but steady destruction he imposes, or the danger of the wife or daughter in the house who may scream suddenly (or is that being sexist to think that only the female gender will react in such a way)?

The mouse in the night is very much like a medical condition, where it comes and slowly steals one’s energy, eats away at the energy one has stored, and scurries along the contours of the walls in a blur of running confusion.

For Federal employees and U.S. Postal workers who need to now consider preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the sudden realization that there is a connection between the medical condition and the slow deterioration of one’s ability to perform all of the essential elements of the job can be likened to the mouse in the night – you always knew it was there and that it was slowly eating away, if not by the noise, then by ignoring its presence; you just kept putting it out of your mind because of those “other reasons”, like the trouble it takes, the fact of facing up to it, the avoidance, and maybe even the hope that it would just go away.

But neither mice nor medical conditions go away, but remain as problems that keep gnawing until the hole in the wall becomes too large to ignore.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Different hats, many roles

We all wear them, don’t we?  Husband, parent, worker, co-worker, supervisor, babysitter, grandparent; or, to remain neutral and non-sexist, wife, mother, worker, co-worker, supervisor, babysitter, grandparent, etc.  There, we have dispensed with any allegation that we have not been fully “balanced” in our perspective, allowing for an all-inclusive approach so that no one feels left out.

Yet, if you closely scrutinize the “list” that was previously posited, you will find the slight nuance of a difference between the two – instead of the neutral “parent”, the word “mother” was unscrupulously inserted, and those who are hypersensitive may want to shout, scream and otherwise pour out a stream of invectives in alleging that such a differentiation in the distinction between “parent” and “mother” reveals an underlying motive, unseen and concealed baseness that betrays a discriminatory or biased intent in the writer of such a list.

Such subtle distinctions are supposed to “uncover” and reveal that which was previously skillfully (or not so skillfully) disguised and only subconsciously manifested in an accidental revelation not previously presumed.  But is this fair?  Does the mere wording based upon previously-accepted normative paradigms necessarily compel a conclusion of subjective intent?  Or, should it instead merely trigger an intermediate step of clarification?

Clarity, of course, is the foundation of communication, and wearing different hats in many roles can often confuse the acuity of defined roles.  For instance, does the Federal or Postal employee who is “disabled”, does he or she have certain “rights” that can be protected?  Does a request for an accommodation have to be submitted before a Federal Disability Retirement application can be filed, or is submission of a requested completion of SF 3112D sufficient to satisfy that legal criteria?  Does the “different hat” that the Federal Disability Retirement applicant play – of a “disabled applicant for OPM purposes – mean that there is now a “different role” that the Agency must play, or that OPM must recognize during the process?

We like to think that while the world around us changes, we remain steadfastly “constant” in who we are and what we stand for; but the reality is that, when a medical condition strikes at the heart of a person’s occupation, preparing a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, requires at the outset when we have to wear different hats, the accompanying different roles will require a reassessment as to the viability of what our next steps will be, especially when preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Reality and poetry

A woman sits on a park bench surrounded by the concrete giants of looming buildings and antiseptic structures overhanging and overshadowing all but the remnants of nature’s detritus, with the cooing pigeons that bob their heads back and forth as they meander about in the contrast between reality and poetry.

And she has a book in her hands.  It is a book of poetry.  Who the author is; what the verses metaphorically narrate; how the images impact the quiet reader; these are not so important as the oxymoron of life’s misgivings:  A city; the overwhelming coercion of modernity’s dominance and encroachment into nature’s receding and dying reserve; and what we hang on to is a book of poetry that reminds us that beauty is now relegated to printed pages of verses that attempt to remind of beauty now forever lost.

No, let us not romanticize the allegory of a past life never existent, such as Rousseau’s “state of nature” where man in a skimpy loincloth walks about communing with nature’s resolve; instead, the reality that man has lost any connection to his surroundings, and is now lost forever in the virtual world of smartphones, computers, Facebook, Instagram, Twitter and Texting.

The tactile experiences of our individual encounters with the objective world is now merely the touch of a screen, and feel of glass, metal and plastic, and the pigeons we feed with such joy and excitement from park-benches manufactured with recycled materials so that we can “feel good” about the environment that we have abandoned.  And so we are left with the reality of our lives, and the poetry that we always try and bring into it, if not merely to remind us that there is more to it all than work, weekends and fleeting thoughts of wayward moments.

For Federal employees and U.S. Postal workers who suffer from an additional reality – of a medical condition that impacts his or her life in significant ways – the third component is not a mere irrelevancy that complicates, but often becomes the focal point of joining both reality and poetry.  Medical conditions have the disturbing element of reminding us of priorities in life.  Reality, as we often experience it, is to merely live, make a living, survive and continue in the repetitive monotony of somehow reaching the proverbial “end” – retirement, nursing home, sickness and death.

Poetry is what allows for the suffering of reality to be manageable and somehow tolerable; it is not just a verse in a book or a line that rhymes, but the enjoyment of moments with loved ones and those times when everything else becomes “worthwhile” because of it.  But then, there is the complication of a medical condition – that which jolts us into wakefulness of a reality that makes it painful and unacceptable.  What is the road forth?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition now makes even work at the Federal agency or Postal facility intolerable, preparing an effective Federal Disability Retirement application is at least a path to be considered.  It is a long, arduous and difficult road that must wind its way through the U.S. Office or Personnel Management, but the choices are limited, and surely, you never want to abandon the poetry of life, and be left with only the reality of the medical condition?

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Past wrongs obsessed over

We cognitively compartmentalize, despite the fact that life doesn’t quite work that way.  Yet, if we do not categorize, relegate by priority of issues, the mirroring of the objective universe in a parallelism of societal constructs can result in the same messiness that life itself reveals.  We certainly do not want to manage and operate a household in the same way that nature works – where events can suddenly dictate emergencies, and when life and death decisions sound alarms whenever predators lurk about.

Reaction to the immediacy of necessity is how nature must operate; such an approach, however, is not always the best way for the office worker, the architect or the laborer to engage the projects of the day.  Yet, life sometimes requires reactive discourse and engagements; we cannot always be contemplative, distant, removed from the concerns which the objective world imposes upon us.

What is the “middle ground” – that proverbial height of mediocrity which all men and women pride themselves for:  the center between the two extremes, the “compromise” position that reflects rationality and reason, where vice is never to be completely refused and virtue too alien a concept such that we relegate it to angels, madmen and those who have lost their souls for a celibate fantasy of isolation.

Then, of course, human beings have the strange capacity to obsess over past wrongs committed – either by ourselves upon others, but more likely of those which have been perpetrated upon ourselves.  Hurts and wrongs penetrated leave room for vengeance and premeditation; we are admonished and given the tools to forgive, but harboring carefully concealed slights is a delicious means of fantasizing upon wreaking revenge upon those we secretly abhor.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, part of the key to writing an effective SF 3112A – Applicant’s Statement of Disability – is to refrain from engaging past wrongs obsessed over.

Yes, the Agency or the U.S. Postal Service has “done you wrong”; yes, they have gotten away with this, that and the other things; and, yes, in a perfect world, the individuals involved and the entity perpetrating the wrongs should pay a price and justice should prevail.  But the messiness reflected in the objective world reflects an imperfect human pathology, and trying to attain a Platonic Form of Justice otherwise nonexistent, will not help you “move on” with your own life.

Better to prepare, formulate and file an effective Federal Disability Retirement application and move on so that you can focus upon your health and future, than to constantly become entrenched in past wrongs obsessed over; for, in the end, the smile of self-satisfaction should be when one’s OPM Disability Retirement application is approved, and you can wave goodbye to the messy cauldron of human detritus you are leaving behind.

Sincerely,

Robert R. McGill, Esquire